Hey v. Springfield Water Co.
Supreme Court of Pennsylvania
Reargued April 28, 1903. Appeal, No. 166, Jan. T., 1902, by plaintiff, from decree of C. P. Delaware Co., June T., 1901, dismissing bill in equity in case of Joseph Hey et al. v. Springfield Water Company. Bill in equity for an injunction. Hemphill, P. J., of the 15th judicial district specially presiding, filed the following opinion : A preliminary injunction having been granted in this case, the question now is, Shall it be made perpetual? FINDINGS OF FACT.
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Reargued April 28, 1903. Appeal, No. 166, Jan. T., 1902, by plaintiff, from decree of C. P. Delaware Co., June T., 1901, dismissing bill in equity in case of Joseph Hey et al. v. Springfield Water Company. Bill in equity for an injunction. Hemphill, P. J., of the 15th judicial district specially presiding, filed the following opinion : A preliminary injunction having been granted in this case, the question now is, Shall it be made perpetual? FINDINGS OF FACT. The plaintiffs are the lessees and owners in fee of certain woolen mills and lands situate on Darby creek, with water rights…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
After argument and reargument and somewhat prolonged *45deliberation a majority of the court concur in the decree entered in the court below. While we concede that the answer to the question involved is one not easily given, yet it is very clear that by the 23d section of the act of 1874, the franchises of the twelve water companies named in the bill could, by purchase, become vested in the Springfield Water Company. Neither can it be doubted that thereby the purchasing company by that act and subsequent legislation on the same subject, acquired all the powers of the…
2Cited by10 opinions
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- Pennsylvania Utilities Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1918
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
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